Monthly Archives: August 2017

How Long Will Probate Take?

OKC Probate Attorney Jim A. Lyon provides legal services for probates and estates. There are alot of common questions regarding probate law. One of the most common questions is 'How long will probate take?'. There is, unfortunately, no universal answer to how long the probate process in Oklahoma will be. There are a variety of elements that influence exactly how long each probate will take. One of the best ways to limit the length of the probate process is to retain the assistance of skilled legal counsel. Another way to anticipate the length of probate is to understand the various factors that can affect the length of the process. Factors that Influence the Length of Probate There are numerous factors that can influence how long the probate process takes, but some of the most common factors that influence this process include the following: The Location of the Personal Representative: When personal representatives live close to the attorney, it can be easier for individuals to quickly visit legal counsel at a moment’s notice resulting in a quicker process. The Number of Beneficiaries: The more beneficiaries that are involved in the case, the longer the probate process will often take. The reason for     Read More

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What Happens in Probate of a Will?

If a person has assets at the time of his or her death, these assets must pass through the probate process where the validity of the will is determined. In addition to avoiding fraud, there are several other important elements of the probate process. This article will describe several of the elements that occur during the probate process. Common Steps in the Probate Process Courts in Oklahoma tend to follow some frequent steps in the probate process, which include the following: Opening Probate. This process involves presenting a court of law with an original copy of the will along with a petition to commence the probate process. Assessments of Assets. A deceased person’s assets can include all personal and real property belonging to that person. Once all of the assets have been identified, the value of these assets must be assessed. Notification to Creditors. Creditors, or parties that the deceased individual owes money must be notified that the probate process is occurring. Litigation. If there is a dispute that exists about the value of a will, a court of law will resolve this dispute. Payment of Taxes. Before the deceased person’s assets can be distributed, the remaining assets must be     Read More

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What Does it Mean to Probate a Will?

The word “probate” means an individual who proves or validates something. In the case of probating a will, a court of law will prove that a will is authentic and provides a true representation of a deceased individual’s intention. Even if a last will and testament represents a person’s interests, the state of Oklahoma requires it to meet several standards including proceeding through the probate process. The case will be initiated in the county where the deceased individual lived. The Reason Why Wills Must be Probated Wills must be probated to prevent fraudulent activity as well as to protect individuals who stand to gain assets through the will. Courts are concerned in some cases that a will might be a forgery, fraudulent, or written because someone unfairly exerted control over another. Additionally, in some cases courts might be uncertain whether a version of a will is the most recent form written by an individual. In some cases during the probate process, a court might decide that some provisions of the will are invalid. The Elements of the Probate Process During probate, courts appoint an administrator who makes decisions about issues that might arise regarding the administration of a person’s estate.     Read More

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What is the Process to Probate a Will?

There are some distinct advantages to creating a trust or will in the state of Oklahoma. These estate planning tools let individuals decide who receives the assets of a deceased individual. If a person does not have a will, courts in the state of Oklahoma will divide property in accordance with established law. During this process, courts will assess the value of the deceased person’s assets. The probate process can prove to be time consuming and complicated, which can make the assistance of a skilled estate planning attorney particularly valuable. This article will outline the major steps that comprise the probate process in Oklahoma. The Filing of a Petition This marks the first step in the probate process. If a person has written a will, this document will be filed in addition to the petition which requests that the will be recognized as a controlling legal document. Not only must the deceased individual’s will meet certain requirements to be considered a lawful document, but the will must have also been the most recent such document prepared by the individual. Notice to Your Heirs at Law Prior to a hearing about how a person’s estate should be divided, notice must be     Read More

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